Search results for: underpinning legal theory
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 6082

Search results for: underpinning legal theory

4972 Restriction on the Freedom of Economic Activity in the Polish Energy Law

Authors: Zofia Romanowska

Abstract:

Recently there have been significant changes in the Polish energy market. Due to the government's decision to strengthen energy security as well as to strengthen the implementation of the European Union common energy policy, the Polish energy market has been undergoing significant changes. In the face of these, it is necessary to answer the question about the direction the Polish energy rationing sector is going, how wide apart the powers of the state are and also whether the real regulator of energy projects in Poland is not in fact the European Union itself. In order to determine the role of the state as a regulator of the energy market, the study analyses the basic instruments of regulation, i.e. the licenses, permits and permissions to conduct various activities related to the energy market, such as the production and sale of liquid fuels or concessions for trade in natural gas. Bearing in mind that Polish law is part of the widely interpreted European Union energy policy, the legal solutions in neighbouring countries are also being researched, including those made in Germany, a country which plays a key role in the shaping of EU policies. The correct interpretation of the new legislation modifying the current wording of the Energy Law Act, such as obliging the entities engaged in the production and trade of liquid fuels (including abroad) to meet a number of additional requirements for the licensing and providing information to the state about conducted business, plays a key role in the study. Going beyond the legal framework for energy rationing, the study also includes a legal and economic analysis of public and private goods within the energy sector and delves into the subject of effective remedies. The research caused the relationships between progressive rationing introduced by the legislator and the rearrangement rules prevailing on the Polish energy market to be taken note of, which led to the introduction of greater transparency in the sector. The studies refer to the initial conclusion that currently, despite the proclaimed idea of liberalization of the oil and gas market and the opening of market to a bigger number of entities as a result of the newly implanted changes, the process of issuing and controlling the conduction of the concessions will be tightened, guaranteeing to entities greater security of energy supply. In the long term, the effect of the introduced legislative solutions will be the reduction of the amount of entities on the energy market. The companies that meet the requirements imposed on them by the new regulation to cope with the profitability of the business will in turn increase prices for their services, which will be have an impact on consumers' budgets.

Keywords: license, energy law, energy market, public goods, regulator

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4971 The Flipped Education Case Study on Teacher Professional Learning Community in Technology and Media Implementation

Authors: Juei-Hsin Wang, Yen-Ting Chen

Abstract:

The paper examines teacher professional learning community theory and implementation by using technology and media tools in Taiwan. After literature review, the researcher concluded in five elements of teacher professional learning community theory. They are ‘sharing the vision and value', ‘collaborative cooperation’, ‘ to support the situation', ‘to share practice' and 'Pay Attention to Student Learning Effectiveness' five levels by using technology and media in flipped education. Teacher professional learning community is one kind of models for teacher professional development in flipped education. Due to Taiwan education culture, there is no summative evaluation for teachers. So, there are multiple kinds of ways and education practice in teacher professional learning community nowadays. This study used literature review and quality analysis to analyze the connection theory and practice and discussed the official and non‐official strategies on teacher professional learning community by using technology and media in flipped education. The tablet is used as a camera tool for classroom students to solve problems. The students can instantly see and enable other students to watch the whole class discussion by operating the tablet. This would allow teachers and students to focus on discussing the connotation of subjects, especially bottom‐up and non‐official cases from teachers become an important influence in Taiwan.

Keywords: professional learning community, collaborative cooperation, flipped education, technology application, media application

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4970 A Comparative Study between Japan and the European Union on Software Vulnerability Public Policies

Authors: Stefano Fantin

Abstract:

The present analysis outcomes from the research undertaken in the course of the European-funded project EUNITY, which targets the gaps in research and development on cybersecurity and privacy between Europe and Japan. Under these auspices, the research presents a study on the policy approach of Japan, the EU and a number of Member States of the Union with regard to the handling and discovery of software vulnerabilities, with the aim of identifying methodological differences and similarities. This research builds upon a functional comparative analysis of both public policies and legal instruments from the identified jurisdictions. The result of this analysis is based on semi-structured interviews with EUNITY partners, as well as by the participation of the researcher to a recent report from the Center for EU Policy Study on software vulnerability. The European Union presents a rather fragmented legal framework on software vulnerabilities. The presence of a number of different legislations at the EU level (including Network and Information Security Directive, Critical Infrastructure Directive, Directive on the Attacks at Information Systems and the Proposal for a Cybersecurity Act) with no clear focus on such a subject makes it difficult for both national governments and end-users (software owners, researchers and private citizens) to gain a clear understanding of the Union’s approach. Additionally, the current data protection reform package (general data protection regulation), seems to create legal uncertainty around security research. To date, at the member states level, a few efforts towards transparent practices have been made, namely by the Netherlands, France, and Latvia. This research will explain what policy approach such countries have taken. Japan has started implementing a coordinated vulnerability disclosure policy in 2004. To date, two amendments can be registered on the framework (2014 and 2017). The framework is furthermore complemented by a series of instruments allowing researchers to disclose responsibly any new discovery. However, the policy has started to lose its efficiency due to a significant increase in reports made to the authority in charge. To conclude, the research conducted reveals two asymmetric policy approaches, time-wise and content-wise. The analysis therein will, therefore, conclude with a series of policy recommendations based on the lessons learned from both regions, towards a common approach to the security of European and Japanese markets, industries and citizens.

Keywords: cybersecurity, vulnerability, European Union, Japan

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4969 A Comparison between Fuzzy Analytic Hierarchy Process and Fuzzy Analytic Network Process for Rationality Evaluation of Land Use Planning Locations in Vietnam

Authors: X. L. Nguyen, T. Y. Chou, F. Y. Min, F. C. Lin, T. V. Hoang, Y. M. Huang

Abstract:

In Vietnam, land use planning is utilized as an efficient tool for the local government to adjust land use. However, planned locations are facing disapproval from people who live near these planned sites because of environmental problems. The selection of these locations is normally based on the subjective opinion of decision-makers and is not supported by any scientific methods. Many researchers have applied Multi-Criteria Analysis (MCA) methods in which Analytic Hierarchy Process (AHP) is the most popular techniques in combination with Fuzzy set theory for the subject of rationality assessment of land use planning locations. In this research, the Fuzzy set theory and Analytic Network Process (ANP) multi-criteria-based technique were used for the assessment process. The Fuzzy Analytic Hierarchy Process was also utilized, and the output results from two methods were compared to extract the differences. The 20 planned landfills in Hung Ha district, Thai Binh province, Vietnam was selected as a case study. The comparison results indicate that there are different between weights computed by AHP and ANP methods and the assessment outputs produced from these two methods also slight differences. After evaluation of existing planned sites, some potential locations were suggested to the local government for possibility of land use planning adjusts.

Keywords: Analytic Hierarchy Process, Analytic Network Process, Fuzzy set theory, land use planning

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4968 Early-Stage Venture Investment Model: Evidence from Saudi Arabia

Authors: Tibah Alharbi, Renzo Cordina, David Power

Abstract:

Relatively few studies have explored how venture capitalist investors (VCs) make investment decisions and the information they rely on when taking an equity stake in an investee company. In addition, little is known about how much investors monitor start-ups after the decision to invest has been made. The VC scene in the US or European context is understood better than that of developing countries such as those in the Middle East. Although some differences among VC investors have been identified, the reasons behind such differences have not been fully explored – especially in a country such as Saudi Arabia. Therefore, this research seeks to understand the impact of external factors on the VC investor’ behaviour. The unique cultural and legal environments in the Kingdom of Saudi Arabia, the growing VC sector in the country, and the increasing importance attached to start-ups under the Saudi Government’s Vision 2030 program make such an investigation timely. Ascertaining the perceptions of VC investors in such a context will provide a deeper understanding of the determinants of VC investment in a novel setting. Using semi-structured interviews with over 20 participants, the research explores the structure of VC funds, the cycle of the VC investment in a start-up from the sourcing of deals, the screening and evaluation of such deals, the closing of such deals, and finally, the monitoring of such investments before the decision to exit such deals at the appropriate time. The results show some similarities to the VC model, which characterizes such investment in the US and Europe, but several differences emerge given the unique cultural and legal settings within the Kingdom. The results provide an in-depth understanding of the VC investors’ mindset relative to the existing studies in the literature.

Keywords: exit, monitoring, start-ups, venture capital

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4967 Exploring the Influence of High-Frequency Acoustic Parameters on Wave Behavior in Porous Bilayer Materials: An Equivalent Fluid Theory Approach

Authors: Mustapha Sadouk

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This study investigates the sensitivity of high-frequency acoustic parameters in a rigid air-saturated porous bilayer material within the framework of the equivalent fluid theory, a specific case of the Biot model. The study specifically focuses on the sensitivity analysis in the frequency domain. The interaction between the fluid and solid phases of the porous medium incorporates visco-inertial and thermal exchange, characterized by two functions: the dynamic tortuosity α(ω) proposed by Johnson et al. and the dynamic compressibility β(ω) proposed by Allard, refined by Sadouki for the low-frequency domain of ultrasound. The parameters under investigation encompass porosity, tortuosity, viscous characteristic length, thermal characteristic length, as well as viscous and thermal shape factors. A +30% variation in these parameters is considered to assess their impact on the transmitted wave amplitudes. By employing this larger variation, a more comprehensive understanding of the sensitivity of these parameters is obtained. The outcomes of this study contribute to a better comprehension of the high-frequency wave behavior in porous bilayer materials, providing valuable insights for the design and optimization of such materials across various applications.

Keywords: bilayer materials, ultrasound, sensitivity analysis, equivalent fluid theory, dynamic tortuosity., porous material

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4966 Exploring the Power of Words: Domesticating the Competence/Competency Concept in Ugandan Organisations

Authors: John C. Munene, Florence Nansubuga

Abstract:

The study set out to examine a number of theories that have directly or indirectly implied that words are potent but that the potency depends on the context or practice in which they are utilised. The theories include the Freudian theory of Cathexis, which directly suggests that ambiguous events when named become potent as well as the word that is used to name them. We briefly examine Psychological differentiation, which submit that ambiguity is often a result of failure to distinguish figure from ground. The investigate Prospecting Theory, which suggests that in a situation when people have to make decisions, they have options to utilise intuition or reasoned judgment. It suggests that more often than not, the tendency is to utilise intuition especially when generic heuristics such as representativeness and similarity are available. That usage of these heuristics may depend on lack of a salience or accessibility of the situation due to ambiguity. We also examine Activity Theory, which proposes that meaning of words emerge directly and dialectically from the activities in which they are used. The paper argues that the power of words will depend on either or all of the theories mentioned above. To examine this general proposition we test the utilization of a generic competence framework in a local setting. The assumption is that generic frameworks are inherently ambiguous and lack the potency normally associated with the competence concept in the management of human resources. A number of case studies provide initial supporting evidence for the general proposition.

Keywords: competence, meaning, operationalisation, power of words

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4965 A Correlational Study between Parentification and Memory Retention among Parentified Female Adolescents: A Neurocognitive Perspective on Parentification

Authors: Mary Dorothy Roxas, Jeian Mae Dungca, Reginald Agor, Beatriz Figueroa, Lennon Andre Patricio, Honey Joy Cabahug

Abstract:

Parentification occurs when children are expected to provide instrumental or emotional caregiving within the family. It was found that parentification has the latter effect on adolescents’ cognitive and emotional vulnerability. Attachment theory helps clarify the process of parentification as it involves the relationship between the child and the parent. Carandang theory of “taga-salo” helps explain parentification in the Philippines setting. The present study examined the potential risk of parentification on adolescent’s memory retention by hypothesizing that there is a correlation between the two. The research was conducted with 249 female adolescents ages 12-24, residing in Valenzuela City. Results indicated that there is a significant inverse correlation between parentification and memory retention.

Keywords: memory retention, neurocognitive, parentification, stress

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4964 Modeling of Production Lines Systems with Layout Constraints

Authors: Sadegh Abebi

Abstract:

There are problems with estimating time of product process of products, especially when there is variable serving time, like control stage. These problems will cause overestimation of process time. Layout constraints, reworking constraints and inflexible product schedule in multi product lines, needs a precise planning to reduce volume in particular situation of line stock. In this article, by analyzing real queue systems with layout constraints and by using concepts and principles of Markov chain in queue theory, a hybrid model has been presented. This model can be a base to assess queue systems with probable parameters of service. Here by presenting a case study, the proposed model will be described. so, production lines of a home application manufacturer will be analyzed.

Keywords: Queuing theory, Markov Chain, layout, line balance

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4963 The Effect of Culture and Managerial Practices on Organizational Leadership Towards Performance

Authors: Anyia Nduka, Aslan Bin Amad Senin, Ayu Azrin Bte Abdul Aziz

Abstract:

A management practice characterised by a value chain as its relatively flexible culture is replacing the old bureaucratic model of organisational practice that was built on dominance. Using a management practice fruition paradigm, the study delves into the implications of organisational culture and leadership. Developing a theory of leadership called the “cultural model” of organisational leadership by explaining how the shift from bureaucracy to management practises altered the roles and interactions of leaders. This model is well-grounded in leadership theory, considering the concept's adaptability to different leadership ideologies. In organisations where operational procedures and borders are not clearly defined, hierarchies are flattened, and work collaborations are sometimes based on contracts rather than employment. This cultural model of organizational leadership is intended to be a useful tool for predicting how effectively a leader will perform.

Keywords: leadership, organizational culture, management practices, efficiency

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4962 Development of Algorithms for the Study of the Image in Digital Form for Satellite Applications: Extraction of a Road Network and Its Nodes

Authors: Zineb Nougrara

Abstract:

In this paper, we propose a novel methodology for extracting a road network and its nodes from satellite images of Algeria country. This developed technique is a progress of our previous research works. It is founded on the information theory and the mathematical morphology; the information theory and the mathematical morphology are combined together to extract and link the road segments to form a road network and its nodes. We, therefore, have to define objects as sets of pixels and to study the shape of these objects and the relations that exist between them. In this approach, geometric and radiometric features of roads are integrated by a cost function and a set of selected points of a crossing road. Its performances were tested on satellite images of Algeria country.

Keywords: satellite image, road network, nodes, image analysis and processing

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4961 A Desire to be ‘Recognizable and Reformed’: Natives’ Identity in Walcott’s “Dream on Monkey Mountain”

Authors: S. Khurram, N. Mubashar

Abstract:

The paper examines, through the lens of Postcolonial Theory, how natives resist and react in Derrek Walcott’s “Dream on Monkey Mountain”. It aims at how natives, for being ‘recognized and reformed’, mimic and adapt the white’s ways of living. It also focuses how Walcott expresses natives’ reaction when they cannot construct their identity. Moreover, the paper exploits the Homi. K Bhaba’s concept of Mimicry and Berry’s concepts of Hybridity to explain Caribbean native’s plight. Furthermore, it bring forth Walcott’s deep insight into the psychology of the Caribbean natives. He digs deep into the colonial discourse to reconstruct post-colonial identity and he, as a post-colonial writer, does so by deconstructing colonial ideology of racism by resisting against it.

Keywords: postcolonial theory, mimicry, hybridity, reaction

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4960 The Effects of Three Leadership Styles on Individual Performance

Authors: Leilei Liang

Abstract:

Leadership is commonly classified as formal leadership and informal leadership, which ignores and neglects the effects of 3rd type leadership. The emergence of 3rd type of leadership is closely related to special relations. To figure out the mechanism and effects of 3rd type leadership as well as the impacts of formal leadership and informal leadership on employee performance, this study collects data from 350 participants through a survey and proposes three hypotheses respectively from the perspective of expectation theory. The analytical results provide strong evidence for two of the three hypotheses, which demonstrate the positive correlation between formal leadership and individual performance and the negative relationship between 3rd type leadership and individual performance. This study contributes to leadership literature by putting forward the concept of the 3rd type of leadership. In addition, the effects of formal leadership, informal leadership, and 3rd type leadership on individual performance are discussed respectively in this study.

Keywords: formal leadership, informal leadership, 3rd leadership, individual performance, expectation theory

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4959 A Discovery of the Dual Sequential Pattern of Prime Numbers in P x P: Applications in a Formal Proof of the Twin-Prime Conjecture

Authors: Yingxu Wang

Abstract:

This work presents basic research on the recursive structures and dual sequential patterns of primes for the formal proof of the Twin-Prime Conjecture (TPC). A rigorous methodology of Twin-Prime Decomposition (TPD) is developed in MATLAB to inductively verify potential twins in the dual sequences of primes. The key finding of this basic study confirms that the dual sequences of twin primes are not only symmetric but also infinitive in the unique base 6 cycle, except a limited subset of potential pairs is eliminated by the lack of dual primality. Both theory and experiments have formally proven that the infinity of twin primes stated in TPC holds in the P x P space.

Keywords: number theory, primes, twin-prime conjecture, dual primes (P x P), twin prime decomposition, formal proof, algorithm

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4958 Projective Lag Synchronization in Drive-Response Dynamical Networks via Hybrid Feedback Control

Authors: Mohd Salmi Md Noorani, Ghada Al-Mahbashi, Sakhinah Abu Bakar

Abstract:

This paper investigates projective lag synchronization (PLS) behavior in drive response dynamical networks (DRDNs) model with identical nodes. A hybrid feedback control method is designed to achieve the PLS with mismatch and without mismatch terms. The stability of the error dynamics is proven theoretically using the Lyapunov stability theory. Finally, analytical results show that the states of the dynamical network with non-delayed coupling can be asymptotically synchronized onto a desired scaling factor under the designed controller. Moreover, the numerical simulations results demonstrate the validity of the proposed method.

Keywords: drive-response dynamical network, projective lag synchronization, hybrid feedback control, stability theory

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4957 “laws Drifting Off While Artificial Intelligence Thriving” – A Comparative Study with Special Reference to Computer Science and Information Technology

Authors: Amarendar Reddy Addula

Abstract:

Definition of Artificial Intelligence: Artificial intelligence is the simulation of mortal intelligence processes by machines, especially computer systems. Explicit operations of AI comprise expert systems, natural language processing, and speech recognition, and machine vision. Artificial Intelligence (AI) is an original medium for digital business, according to a new report by Gartner. The last 10 times represent an advance period in AI’s development, prodded by the confluence of factors, including the rise of big data, advancements in cipher structure, new machine literacy ways, the materialization of pall computing, and the vibrant open- source ecosystem. Influence of AI to a broader set of use cases and druggies and its gaining fashionability because it improves AI’s versatility, effectiveness, and rigidity. Edge AI will enable digital moments by employing AI for real- time analytics closer to data sources. Gartner predicts that by 2025, further than 50 of all data analysis by deep neural networks will do at the edge, over from lower than 10 in 2021. Responsible AI is a marquee term for making suitable business and ethical choices when espousing AI. It requires considering business and societal value, threat, trust, translucency, fairness, bias mitigation, explainability, responsibility, safety, sequestration, and nonsupervisory compliance. Responsible AI is ever more significant amidst growing nonsupervisory oversight, consumer prospects, and rising sustainability pretensions. Generative AI is the use of AI to induce new vestiges and produce innovative products. To date, generative AI sweats have concentrated on creating media content similar as photorealistic images of people and effects, but it can also be used for law generation, creating synthetic irregular data, and designing medicinals and accoutrements with specific parcels. AI is the subject of a wide- ranging debate in which there's a growing concern about its ethical and legal aspects. Constantly, the two are varied and nonplussed despite being different issues and areas of knowledge. The ethical debate raises two main problems the first, abstract, relates to the idea and content of ethics; the alternate, functional, and concerns its relationship with the law. Both set up models of social geste, but they're different in compass and nature. The juridical analysis is grounded on anon-formalistic scientific methodology. This means that it's essential to consider the nature and characteristics of the AI as a primary step to the description of its legal paradigm. In this regard, there are two main issues the relationship between artificial and mortal intelligence and the question of the unitary or different nature of the AI. From that theoretical and practical base, the study of the legal system is carried out by examining its foundations, the governance model, and the nonsupervisory bases. According to this analysis, throughout the work and in the conclusions, International Law is linked as the top legal frame for the regulation of AI.

Keywords: artificial intelligence, ethics & human rights issues, laws, international laws

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4956 Eco-Innovation: Perspectives from a Theoretical Approach and Policy Analysis

Authors: Natasha Hazarika, Xiaoling Zhang

Abstract:

Eco- innovations, unlike regular innovations, are not self-enforcing and are associated with the double externality problem. Therefore, it is emphasized that eco-innovations need government. intervention in the form of supportive policies on priority. Off late, factors like consumer demand, technological advancement as well as the competitiveness of the firms have been considered as equally important. However, the interaction among these driving forces has not been fully traced out. Also, the theory on eco-innovation is found to be at a nascent stage which does not resonate with its dynamics as it is traditionally studied under the neo- classical economics theory. Therefore, to begin with, insights for this research have been derived from the merits of ‘neo- classical economics’, ‘evolutionary approach’, and the ‘resource based view’ which revealed the issues pertaining to technological system lock- ins and firm- based capacities which usually remained undefined by the neo classical approach; it would be followed by determining how the policies (in the national level) and their instruments are designed in order to motivate firms to eco-innovate, by analyzing the innovation ‘friendliness’ of the policy style and the policy instruments as per the indicators provided in innovation literature by means of document review (content analysis) of the relevant policies introduced by the Chinese government. The significance of theoretical analysis lies in its ability to show why certain practices become dominant irrespective of gains or losses, and that of the policy analysis lies in its ability to demonstrate the credibility of govt.’s sticks, carrots and sermons for eco-innovation.

Keywords: firm competency, eco-innovation, policy, theory

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4955 Toni Morrison as an African American Voice: A Marxist Analysis of Beloved

Authors: Irfan Mehmood

Abstract:

This paper examines the Marxist ideology in Toni Morrison's novel, Beloved. Toni Morrison writes about the society she inhabits and doesn't knowingly or emotionally leave. Marxism emphasizes the working class' dire economic status as well as the bourgeoisie as the dominant capitalist class. Using the Marxist literary theory promoted by Louis Althusser in his well-known book On the Reproduction of Capitalism, the chosen Toni Morrison piece is evaluated (1976). This essay explores how Morrison uses Marxist theory in her literary work to highlight the oppression of the Afro-American society and how the upper class ruled the lower class through the use of interpellation. In spite of hegemony and interpellation, certain major characters in this essay battle with the discriminatory ruling order.

Keywords: Marxism, social class, Toni Morrison, African American literature.

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4954 Discrete Sliding Modes Regulator with Exponential Holder for Non-Linear Systems

Authors: G. Obregon-Pulido , G. C. Solis-Perales, J. A. Meda-Campaña

Abstract:

In this paper, we present a sliding mode controller in discrete time. The design of the controller is based on the theory of regulation for nonlinear systems. In the problem of disturbance rejection and/or output tracking, it is known that in discrete time, a controller that uses the zero-order holder only guarantees tracking at the sampling instances but not between instances. It is shown that using the so-called exponential holder, it is possible to guarantee asymptotic zero output tracking error, also between the sampling instant. For stabilizing the problem of close loop system we introduce the sliding mode approach relaxing the requirements of the existence of a linear stabilizing control law.

Keywords: regulation theory, sliding modes, discrete controller, ripple-free tracking

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4953 Indonesian Marriage Law Reform: A Doctrinal Research to Find the Way to Strengthen Children's Rights against Child Marriage

Authors: Erni Agustin, Zendy Prameswari

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The Law Number 1 Year 1974 on Marriage was issued by Indonesian Government to replace the old marriage law stipulated in Burgerlijk Wetboek inherited from the Dutch colonial. The Law defines marriage as both physical and mental bond between a man and a woman as husband and wife with the purpose to form a harmonious family based on deity. Marriage shall be conducted when determined requirements are met based on the Law. Article 7 of the Law Number 1 Year 1974 stipulates the minimum age requirement to enter into marriage, which is 19 years for men and 16 years for women. This stipulation is made to make the marriage achieve the true goal to form a happy, eternal and prosperous family. It is expected at that age, each party has a mature soul and physic. However, it is possible for those who have not reached the age to enter into marriage if there is a dispensation granted by the courts or other official designated by the parents of each party in the marriage. As many other countries in the world, Indonesia has serious problems linked with the child or underage marriage. Indonesia is one of the countries with the highest absolute numbers of child marriage. In 2012, a judicial review was filed to the Constitutional Court against the provisions of the minimum age limit in the Law Number 1 Year 1974 on Marriage. The appeal was filed in order to raise the limit of minimum age for women from 16 years to be 18 years. However, the Constitutional Court considered that the provisions on the minimum age in the Law Number 1 Year 1974 on Marriage is constitutional. At the international level, Indonesia has participated in the formulation of variety of international human rights instrument which have an impact on children, and is a party to a number of them. Indonesia ratified the CRC through Presidential Decree of the Republic of Indonesia Number 36 Year 1990 on 5 September 1990. This paper attempts to analyze three main issues. Firstly, it will scrutinize the ratio legis of the stipulation on minimum age requirement to enter into marriage in the Law Number 1 Year 1974 on Marriage. Secondly, it will discuss the conformity of Indonesian marriage law to the principles and provisions on the CRC. Last, this paper will elaborate the legal measures shall be taken to strengthen the legal protection for children against child marriage. This paper is a doctrinal research using statute, conceptual and historical approaches. This study argues that The Law-making of Indonesian marriage law influenced by religious values that live in Indonesia. With regard to the conformity of Indonesian marriage law with the CRC, Indonesia is facing the issue of the compatibility of its respective national law with the CRC. Therefore, the legal measures that have to be taken are to review and amend the Indonesian Marriage Law to provide better protection for the children against underage marriage.

Keywords: child marriage, children’s rights, indonesian marriage law, underage marriage

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4952 Unpacking Tourist Experience: A Case Study of Chinese Tourists Visiting the UK

Authors: Guanhao Tong, Li Li, Ben David

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This study aims to provide an explanatory account of how the leisure tourist experience emerges from tourists and their surroundings through a critical realist lens. This was achieved by applying Archer’s realist social theory as the underlying theoretical ground to unpack the interplays between the external (tourism system or structure) and the internal (tourists or agency). This theory argues that social phenomena can be analyzed in three domains - structure, agency, and culture (SAC), and along three phases – structure conditioning, sociocultural interactions, and structure elaboration. From the realist perspective, the world is an open system; events and discourses are irreducible to present individuals and collectivities. Therefore, identifying the processes or mechanisms is key to help researchers understand how social reality is brought about. Based on the contextual nature of the tourist experience, the research focuses on Chinese tourists (from mainland China) to London as a destination and British culture conveyed through the concept of the destination image. This study uses an intensive approach based on Archer’s M/M approach to discover the mechanisms/processes of the emergence of the tourist experience. Individual interviews were conducted to reveal the underlying causes of lived experiences of the tourists. Secondary data was also collected to understand how British destinations are portrayed to Chinese tourists.

Keywords: Chinese tourists, destination image, M/M approach, realist social theory, social mechanisms, tourist experience

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4951 The Complementary Explanations of Institutional and Feminist Perspectives for Female Social Enterprise in Pakistan

Authors: Mohammad Sohail Yunis, Hina Hashim, Alistair R. Anderson

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Entrepreneurship is gendered with masculine qualities, yet social enterprise epitomizes caring a feminine quality. However enterprising practices may have little to do with gender. Consequently, the purpose of this paper is to examine practices using two very different explanatory theories, feminist and institutional theory, to establish the role played by gender. This study is situated in KP, the poor but traditional north of Pakistan. Utilising on an interpretive qualitative research approach, this research collected data through in-depth interviews with ten women social entrepreneurs of KP, Pakistan and analyzed using thematic analysis. Empirically, this paper identifies and describes on a number of interesting themes that relate to the women entrepreneurship such as 'women empowerment, patriarchal culture, role of culture and societal norms, religious extremism and terrorism, forced entrepreneurs, change creators, institutional corruption, and security issues'. In addition, female social enterprise in KP is set in a patriarchal, masculine culture, but the practices negotiate institutional obstacles to bring benefits to the disenfranchised. Finally, this research claims to present an original insight into female social entrepreneurship in a developing country context and provide fresh theoretical and empirical perspectives to advance knowledge and scholarship.

Keywords: female social entrepreneurship, institutional theory, feminist theory, developing countries

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4950 Music Education for Blacks (Africans) in Apartheid and Post-Apartheid South Africa

Authors: Bernett Nkwayi Mulungo

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There are vast community music projects in South African townships, and their courses range from music theory aural practical individual and ensemble lessons on orchestral instruments and recorders – these instruments being primarily “Western”. Despite this relative success – indeed one of the few in the realm of arts in post-apartheid South Africa – what remains troubling is the dominance of western thought (as music theory) and modes of teaching music that maintain the idea of music study as alien in black communities. This identified problem speaks to a significant theme, namely: Arts education for community development, which is my area of interest. Primarily for, it is a timely platform to firmly entrench appreciation, understanding, and, most undoubtedly, the value(s) of the arts to the youth. Drawing on one’s experience as a lecturer in (and graduate from) a South African tertiary institution and as a teacher in a community project, this research will interrogate the content of some of the program(s): from the theoretical material taught in music theory classes to the practical repertoire taught and/or performed. The focal point of this research is on how this content informs or speaks to its intended “beneficiaries” – the African youth. Through these and other considerations, the paper aims to sketch the potentially radical consequences that transformed music education at community and earlier levels will have for higher education music studies in South Africa.

Keywords: decolonization, Africanization, indigenous knowledge, community engagement

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4949 Structural, Electronic and Optical Properties of LiₓNa1-ₓH for Hydrogen Storage

Authors: B. Bahloul

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This study investigates the structural, electronic, and optical properties of LiH and NaH compounds, as well as their ternary mixed crystals LiₓNa1-ₓH, adopting a face-centered cubic structure with space group Fm-3m (number 225). The structural and electronic characteristics are examined using density functional theory (DFT), while empirical methods, specifically the modified Moss relation, are employed for analyzing optical properties. The exchange-correlation potential is determined through the generalized gradient approximation (PBEsol-GGA) within the density functional theory (DFT) framework, utilizing the projected augmented wave pseudopotentials (PAW) approach. The Quantum Espresso code is employed for conducting these calculations. The calculated lattice parameters at equilibrium volume and the bulk modulus for x=0 and x=1 exhibit good agreement with existing literature data. Additionally, the LiₓNa1-ₓH alloys are identified as having a direct band gap.

Keywords: DFT, structural, electronic, optical properties

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4948 A Worldwide Assessment of Geothermal Energy Policy: Systematic, Qualitative and Critical Literature Review

Authors: Diego Moya, Juan Paredes, Clay Aldas, Ramiro Tite, Prasad Kaparaju

Abstract:

Globally, energy policy for geothermal development is addressed in different forms, depending on the economy, resources, country-development, environment aspects and technology access. Although some countries have established strong regulations and standards for geothermal exploration, exploitation and sustainable use at the policy level (government departments and institutions), others have discussed geothermal laws at legal levels (congress – a national legislative body of a country). Appropriate regulations are needed not only to meet local and international funding requirements but also to avoid speculation in the use of the geothermal resource. In this regards, this paper presents the results of a systematic, qualitative and critical literature review of geothermal energy policy worldwide addressing two scenarios: policy and legal levels. At first, literature is collected and classified from scientific and government sources regarding geothermal energy policy of the most advanced geothermal producing countries, including Iceland, New Zealand, Mexico, the USA, Central America, Italy, Japan, Philippines, Indonesia, Kenia, and Australia. This is followed by a systematic review of the literature aiming to know the best geothermal practices and what remains uncertain regarding geothermal policy implementation. This analysis is made considering the stages of geothermal production. Furthermore, a qualitative analysis is conducted comparing the findings across geothermal policies in the countries mentioned above. Then, a critical review aims to identify significant items in the field to be applied in countries with geothermal potential but with no or weak geothermal policies. Finally, patterns and relationships are detected, and conclusions are drawn.

Keywords: assessment, geothermal, energy policy, worldwide

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4947 Simultaneous Relationship among Strategic Corporate Social Responsibility, Corporate Governance, and Firm Performance: Evidence from Indonesia

Authors: Ayu Diar Sari, Sidharta Utama

Abstract:

The main objective of this study is to examine the empirical association among strategic corporate social responsibility (Strategic CSR), corporate governance (CG), and firm performance by investigating their causal effects. In order to get the comprehensive result, this study uses CSR variables which consist of Strategic CSR, Non-Strategic CSR and CSR as a whole. Exerting the two stage least square (2SLS) method, the result showed that CG mechanism positively influences CSR, Non-Strategic CSR, and firm performance (both ROA and PBV). CSR and Non-Strategic CSR positively influence ROA. Meanwhile CSR, Strategic and Non-Strategic CSR positively influence PBV. Firm’s Strategic CSR engagement plays a significantly positive role in enhancing PBV. The results supported the social impact hypothesis, agency theory, and conflict resolution theory.

Keywords: corporate financial performance, corporate governance, corporate social responsibility, strategic corporate social responsibility

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4946 Electro-Hydrodynamic Analysis of Low-Pressure DC Glow Discharge by Lattice Boltzmann Method

Authors: Ji-Hyok Kim, Il-Gyong Paek, Yong-Jun Kim

Abstract:

We propose a numerical model based on drift-diffusion theory and lattice Boltzmann method (LBM) to analyze the electro-hydrodynamic behavior in low-pressure direct current (DC) glow discharge plasmas. We apply the drift-diffusion theory for 4-species and employ the standard lattice Boltzmann model (SLBM) for the electron, the finite difference-lattice Boltzmann model (FD-LBM) for heavy particles, and the finite difference model (FDM) for the electric potential, respectively. Our results are compared with those of other methods, and emphasize the necessity of a two-dimensional analysis for glow discharge.

Keywords: glow discharge, lattice Boltzmann method, numerical analysis, plasma simulation, electro-hydrodynamic

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4945 An Investigation into the Current Implementation of Design-Build Contracts in the Kingdom of Saudi Arabia

Authors: Ibrahim A. Alhammad, Suleiman A. Al-Otaibi, Khalid S. Al-Gahtani, Naïf Al-Otaibi, Abdulaziz A. Bubshait

Abstract:

In the last decade, the use of project delivery system of design build engineering contracts is increasing in North America due to the reasons of reducing the project duration and minimizing costs. The shift from traditional approach of Design-Bid-Build to Design-Build contracts have been attributed to many factors such as evolution of the regulatory and legal frameworks governing the engineering contracts and improvement in integrating design and construction. The aforementioned practice of contracting is more appropriate in North America; yet, it may not be the case in Saudi Arabia where the traditional approach of construction contracting remains dominant. The authors believe there are number of factors related to the gaps in the level of sophistication of the engineering and management of the construction projects in both countries. A step towards improving the Saudi construction practice by adopting the new trend of construction contracting, this paper identifies the reasons why Design/Build form of contracting are not frequently utilized. A field survey, which includes the questionnaire addressing the research problem, is distributed to three main parties of the construction contracts: clients, consultants, and contractors. The analyzed collected data were statistically sufficient to finding the reasons of not adopting the new trend of good practice of deign build approach in Saudi Arabia. In addition, the reasons are: (1) lack of regulation and legal framework; (2) absence of clear criteria of the owner for the trade-off between competing contractors, (3) and lack of experience, knowledge and skill.

Keywords: design built projects, Saudi Arabia, GCC, mega projects

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4944 Pragmatic Strategies of Selected Online Articles on the Buhari/Jubril Dilemma

Authors: Oluwaseun Amusa

Abstract:

The online space has continued to be a platform for not only private and mundane discussions but also a tribune for voicing critical political and national opinions. Nigerians and the international community have employed the online media, as well as other media platforms to articulate their thoughts on the claims which favour possibilities of the demise of the incumbent president of Nigeria, President Muhammadu Buhari, after a prolonged illness in year 2007 and the ploy of a Jubril of Sudan clone in his place. This study thus examines the pragmatic strategies employed in the online articles on the national dilemma caused by the Buhari/Jubril claims and refutals, in response to the lacuna in the literature on such analytical investigations on the subject. Two online articles titled, 'Buhari: The real, the fake and the dead' and 'Taking the Buhari/Jubril story seriously', authored by two Nigerian writers, Tunde Odesola and Abimbola Adelakun, respectively and retrieved online from 360nobs.com and Nairaland blogs, on December 3, 2018, and December 7, 2018, respectively, served as data for the study. The data were analysed using the Stance Theory and the Pragmatic Act Theory. Findings showed that the writers employed stance acts, rhetorical questions, metaphors, histo-political allusions, name-calling, and derogatives, in achieving the pragmeme of disabusing. This results in a pragmatic reconstruction of readers' views on the issue.

Keywords: Buhari/Jubril claims, online articles, pragmatic strategies, stance theory

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4943 Arguments against Innateness of Theory of Mind

Authors: Arkadiusz Gut, Robert Mirski

Abstract:

The nativist-constructivist debate constitutes a considerable part of current research on mindreading. Peter Carruthers and his colleagues are known for their nativist position in the debate and take issue with constructivist views proposed by other researchers, with Henry Wellman, Alison Gopnik, and Ian Apperly at the forefront. More specifically, Carruthers together with Evan Westra propose a nativistic explanation of Theory of Mind Scale study results that Wellman et al. see as supporting constructivism. While allowing for development of the innate mindreading system, Westra and Carruthers base their argumentation essentially on a competence-performance gap, claiming that cross-cultural differences in Theory of Mind Scale progression as well as discrepancies between infants’ and toddlers’ results on verbal and non-verbal false-belief tasks are fully explainable in terms of acquisition of other, pragmatic, cognitive developments, which are said to allow for an expression of the innately present Theory of Mind understanding. The goal of the present paper is to bring together arguments against the view offered by Westra and Carruthers. It will be shown that even though Carruthers et al.’s interpretation has not been directly controlled for in Wellman et al.’s experiments, there are serious reasons to dismiss such nativistic views which Carruthers et al. advance. The present paper discusses the following issues that undermine Carruthers et al.’s nativistic conception: (1) The concept of innateness is argued to be developmentally inaccurate; it has been dropped in many biological sciences altogether and many developmental psychologists advocate for doing the same in cognitive psychology. Reality of development is a complex interaction of changing elements that is belied by the simplistic notion of ‘the innate.’ (2) The purported innate mindreading conceptual system posited by Carruthers ascribes adult-like understanding to infants, ignoring the difference between first- and second-order understanding, between what can be called ‘presentation’ and ‘representation.’ (3) Advances in neurobiology speak strongly against any inborn conceptual knowledge; neocortex, where conceptual knowledge finds its correlates, is said to be largely equipotential at birth. (4) Carruthers et al.’s interpretations are excessively charitable; they extend results of studies done with 15-month-olds to conclusions about innateness, whereas in reality at that age there has been plenty of time for construction of the skill. (5) Looking-time experiment paradigm used in non-verbal false belief tasks that provide the main support for Carruthers’ argumentation has been criticized on methodological grounds. In the light of the presented arguments, nativism in theory of mind research is concluded to be an untenable position.

Keywords: development, false belief, mindreading, nativism, theory of mind

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